ro fr
universul juridic magazin

The injury in the regulation of the new Civil Code

The New Civil Code regulated the injury under agreements, and completely new institutions were introduced (such as the injury of the child of full age, the reduction of benefits by the amount of damages, the adjustment of the agreement etc.). The solutions are new and their insertion into a similar new legal framework represents a challenge for the interpreter of the law. The caselaw which was published is very poor; that is why, for the moment, the doctrine reflections, such as this study, shall be among those which make theoretical speculations in relation to the questions, in the search of a coherent system. This study aims at bringing to the attention the issues which have already been referred to in the doctrine and which are a matter of controversy, but also any new issues in relation to the nature of the injury, its scope, the operating conditions and the sanctions (remedies applicable) to it, to discuss them and advance any kind of solutions, no matter if sometimes, these are provisional. The injury in the new Civil Code of Romania is the result of a merger among several sources of inspiration and raises the question of constructing the institution by way of interpretation. That is why, the study also proceeds to ingressions in the system of the sources of inspiration of our legislator, in search for the legislator’s will and for some reasonable and recommendable solutions.